Legal Question in Family Law in New York

House and Credit

I'm in a bit of a pickle. I am divorced, 2 yrs now. The agreement gave her the house and she has been paying the mortgage (late). Unfortunatley the mortgage STILL remains in my name. She probably can't get a mortgage - she doesn't work. How do I get rid of the mortgage in my name?

Also; since she has been constantly late or behind on the mortgage payment, MY credit has suffered. I just went for a home equity loan, not much, and amount that is easily covered by the equity in my current house but I was turned down because of the poor payment history of the mortgage that my EX pays. The credit report shows it as MY debt. I believe the house is in her name now but the mortgage is still in mine. So;

1. How can I expedite getting out from under this mortgage?

2. Do I have any recourse with either the credit companies to restore my credit or against my EX for ruining my credit?

ANY quidance would be greatly appreciated. Thanks... alan.


Asked on 5/17/06, 2:45 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: House and Credit

You can attempt to compel your Ex to sell the house and use the proceeds to acquire a more affordable residence.

You can negotiate an agreement or Stip, to downwardly modify spousal payments and where you directly pay the mortgage.

Good luck,

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Answered on 5/17/06, 7:02 pm


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